RUSTOM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Petitioner claiming himself to be an Indian citizen, by birth, has filed this writ petition challenging the judgment dated 09.09.2008, passed by the learned Member, Foreigners Tribunal, Morigaon in FT(D) C/No. 172/2006, by which he has been declared to be a foreigner (Bangladeshi), who illegally entered into Assam after the cut off date i.e. 25.3.1971. Although, the impugned order was passed on 9.9.2008 but the Petitioner filed the instant writ petition nearly one year thereafter. In the intervening period, the Respondents did not take any action for his detention and deportation to Bangladesh.

(2.) According to the Petitioner, he is the son of one Mohammad Ali @ Mohammad @ Mohammed Ali and a resident of Village No. 2 Kholabhuyan, Post Office - Kuranibori, PS- Mayang in the district of Morigaon, Assam. It is his claim that he was born in the Village - Kuranibori about the year 1961. His parents have total 10 issues, 5 (five) sons and 5(five) daughters and the Petitioner is the eldest son. It is his further claim that he had had his primary education at Kuranibari Primary School and read upto to Class-IV. Although, in paragraph 2 of the writ petition, leave has been prayed for to produce the School Certificate but no such certificate was produced during the course of hearing.

(3.) According to the pleaded case of the Petitioner, the name of his parents had appeared in Annexure-I Electoral Roll of 1966 (extract only), wherein names of Mohammad Ali and Safura Khatun wife of Mohammed appear. Be it stated here that Annexure-I dated 6.11.2006 is a typed copy of the purported electoral roll of 1966.